Abstract
What do the different regulatory regimes applying to network-bound sectors, such as energy supply (electricity, gas), transport (streets, railway tracks, waterways, air routes) and communications (telecommunications lines, radio communication) have in common? In the light of recent developments, a number of common features come to the fore, at least on the basis of the law of Germany and the EC. This article outlines a general legal theory for these network infrastructures. First, it examines the remaining State responsibility for infrastructure, and the reasons why the State retains a role despite its withdrawal from operational functions. Secondly, it sets out the legal structures of that responsibility, as it relates to primary or ‘broad’ networks, and secondary or ‘narrow’ networks and services provided over those networks.
Get full access to this article
View all access options for this article.